HBA-KMH S.B. 1288 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1288
By: Zaffirini
Higher Education
5/7/1999
Engrossed



BACKGROUND AND PURPOSE 

Over the past several years there have been occasions when municipalities
and economic development corporations desired to make donations of real
property to components of The University of Texas System to further
existing programs or to assist in the development of new educational
programs. Currently, many of these transfers are prohibited or questions
exist as to the authority of the transferring party, and the transfers were
never completed. 

S.B. 1288 requires the board of regents of The University of Texas System
to establish and operate a campus extension of The University of Texas
Health Science Center at San Antonio in the city of Laredo if a private or
public entity offers to transfer sufficient real property to construct the
campus extension and to provide sufficient funds to construct an
administrative building.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 74, Education Code, by adding Subchapter M, as
follows: 

SUBCHAPTER M.  UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT
SAN ANTONIO CAMPUS EXTENSION

Sec.  74.701.  AUTHORITY TO ESTABLISH CAMPUS EXTENSION.  Requires the board
of regents of The University of Texas System (board) to establish and
operate a campus extension of The University of Texas Health Science Center
at San Antonio (UTHSCSA) in the city of Laredo.  Requires UTHSCSA to act
only if a public or private entity offers the board of regents sufficient
land in Laredo to construct the campus extension, and public or private
entities agree to provide funds necessary to construct an administrative
building for the campus extension. 

Sec.  74.702.  MANAGEMENT AND OPERATION OF CAMPUS EXTENSION. Authorizes the
board to exercise any power granted to the board under Subchapter D in
establishing and operating the campus extension.  Requires the board to
assign responsibility for management of the campus extension to the
UTHSCSA.  Requires the operating costs of the campus extension to be paid
from the operating funds of the UTHSCSA for that purpose and from available
funds from any public or private entity.  Authorizes the extension to be
used to provide undergraduate and graduate medical and dental education,
and other levels of health education work in collaboration with Texas A&M
International University or any component institution of The Texas A&M
University System (TAMUS) or The University of Texas System (UTS). 

Sec.  74.703.  GIFTS AND GRANTS.  Authorizes the board to accept and
administer gifts and grants from any public or private person or entity for
the use and benefit of the campus extension. 

 Sec.  74.704.  FACILITIES.  Authorizes the facilities to be provided by a
public or private entity.  Authorizes a facility to be constructed,
maintained, or operated with specifically appropriated money.  Authorizes a
suitable teaching hospital to be provided by a public or private entity.
Prohibits such teaching hospital from being constructed, maintained, or
operated with state funds. 

Sec.  74.705.  COORDINATING BOARD SUPERVISION.  Provides that the campus
extension is subject to the continuing supervision of the Texas Higher
Education Coordinating Board (coordinating board) under Chapter 61 (Texas
Higher Education Coordinating Board) and to the rules of the coordinating
board adopted under Chapter 61. 

SECTION 2.  Requires the coordinating board to prepare an impact statement
examining the initial implementation of this Act not later than January 1,
2000.  Requires the coordinating board to deliver a copy of the statement
to the board and to the chairs of the standing committees of each house of
the legislature with primary jurisdiction over higher education.  Requires
the board to report to the coordinating board if the conditions of Section
74.701, Education Code, as added by this Act, relating to the provisions of
land and funds, have been satisfied. 

SECTION 3.  Requires the board of regents of The University of Texas System
to implement this Act only if the legislature appropriates money
specifically for that purpose.  Authorizes the board of regents of The
University of Texas System to implement this Act using other appropriations
or private funds available for that purpose, if the legislature does not
appropriate money specifically for that purpose. 

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.